The difference between contracting and employment

Clarifying the general requirements for the entry into force of a contract can reduce the contradictions and disputes between the parties to the contract. Relevant laws expressly stipulate that when the contract is not clear. Requirements for the entry into force of the contract to be followed. Let's analyze the difference between contracting and employment. I hope it works for you.

First, the difference between contracting and employment.

1, the principle of responsibility attribution is different: in the employment relationship, the employer assumes no-fault liability and substitute liability for personal injury of employees; In the contracting relationship, the ordering party shall bear the fault liability and contract liability.

2. The object of the legal relationship between them is different: in the employment relationship, the fundamental purpose of employment is to pay the remuneration of labor, and the labor itself is the subject of the contract; In contract relationship, the purpose of contracting is to deliver the fruits of labor, and the key point is to complete tangible work results. The specific work results delivered by the contractor are the subject of the contract.

3. The subordinate relationship between the two services is different: the employment service has subordinate relationship; However, the labor remuneration in the contractual relationship is not subordinate.

4. The degree of specialization of labor services between them is different: once an employee is selected by the employer, a third person cannot replace labor services without the consent of the employer; In contract relationship, the contractor may entrust the non-main part of the contracted work to a third person.

Second, the concept of contracting.

Accurately speaking, contracting should be a contracting operation, which refers to the behavior that an enterprise enters into a contracting operation contract with a contractor, and all or part of the "management right" of the enterprise is handed over to the contractor within a certain period of time, and the contractor manages the enterprise, bears the operational risks and obtains the profits of the enterprise. Because contracting is only a supplementary measure of enterprise management, it cannot eliminate or change the original enterprise or create a new enterprise, nor can it change the legal person status, name and business scope of the original enterprise. There is a contractual relationship between the contractor and the contracting enterprise. Therefore, the contracting operation can be carried out by public bidding, or the original enterprise can directly sign the contracting operation agreement with the contractor (natural person, individual industrial and commercial household, third-party enterprise) according to the resolution of the board of directors or the resolution of the shareholders' meeting.

Third, the characteristics of the employment relationship

1, both sides of its subject are equal and there is no subordinate relationship. The subjects of employment legal relations are equal legal relations, no matter the emergence, change, elimination and performance of employment legal relations, they are equal, and there is no subordinate relationship between management and being managed.

2. It is characterized by the dominant will of the parties. As a kind of employment legal relationship, its emergence, change and elimination all have traces of the parties' expression of will. It embodies the autonomy of the parties, and the national will basically does not interfere.

3, it is mainly in the field of circulation, not in the process of social labor.

In today's society, the rights and obligations of both parties are determined in the form of contracts. Make the contract more standardized. We all know that contracts are legally binding. The parties to a contract may terminate the contract upon mutual agreement. Make market transactions safer. The above content is the difference between contracting and employment analyzed for you. If you have other legal questions, please consult a lawyer.